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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 865
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Could you please let me know how much it would cost to

Customer Question

Could you please let me know how much it would cost to review the warning letter I received, talk through the options and help me draft a response to the letter?
Submitted: 17 days ago.
Category: Employment Law
Expert:  Ed Turner replied 17 days ago.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

 

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

 

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

 

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 17 days ago.

Please upload a copy of the warning letter to the Portal and I will review and advise on the cost of preparing a response.

Expert:  Ed Turner replied 15 days ago.

Do you still need expert assistance in this matter?

 

Please provide me with the further information I have requested in order that I may answer your question.

Customer: replied 15 days ago.
Hello,

Apologies for the delay. I responded to the other email but received another unpleasant and accusatory email, which I include below. Would like some help in responding.

To explain myself I simply made a mistake when compiling a report manually. But I am being accused of malicious play here. I am unsure how best to respond correctly while protecting myself.

Hi Elena,

From the cost summary that you provided ahead of our meetings in February, I understood that these were all of the costs that that you had committed to. This is why I am now surprised to learn that the expenses for David Gandy are actually £10,000 and not £2,500 as you had indicated. The situation with Luke Evans is similar and, again, I perceive that you have misrepresented the state of affairs to me.

In light of the current circumstances, please would you now:
prepare an accurate overview of all credits that you have already extended, including detail of where amounts are either outstanding or available to be used; and
working with legal as necessary, indicate line by line which credits can be removed and, for credits that cannot be removed, why that is the case.
Expert:  Ed Turner replied 15 days ago.

Thanks for your reply.

 

Are you Elena, or is that your draft to Elena?

Customer: replied 14 days ago.
I am Elena and the email was sent by the CEO. Thank you
Expert:  Ed Turner replied 14 days ago.

Thank you for that further information. I can now answer your enquiry.

 

I cannot yet advise you directly on the substantive issues of your boss’s warning email with regard to the businesses expenses as I have not yet taken your full instructions or reviewed the documentation.

 

If you have over two years’ continuous employment, then you may lodge a Claim with the Regional Employment Tribunal for Unfair Dismissal if you are Dismissed or forced to leave your job because of the way your employer has treated you, which is a Constructive Dismissal. Your employer must follow a fair Disciplinary and Investigation procedure before they decide to dismiss you.

 

However, if you have less than the two years’ minimum continuous service with your employer to qualify to bring an Unfair Dismissal against your employers, you will be limited to a claim for Wrongful Dismissal which is essentially a claim for breach of contract for your contractual notice pay and accrued benefits net of PAYE Income Tax and National Insurance. Your employer does not need to follow a fair investigation and disciplinary process before deciding to dismiss you. If they pay you your contractual entitlements, you will not have lost anything and therefore will have no further claims against them.

 

If you are facing a disciplinary investigation hearing, my recommendation is to be as cooperative and as professional as possible and state your version of events and your response to their allegations of misconduct as well as you are able. Do not get angry or upset with your employers as they will only use it against you at a later date and you may say or do something that will prejudice your claim and damage your credibility in the eyes of the Tribunal. If it is a disciplinary hearing where the employer is contemplating your dismissal from employment, you have the right to be accompanied by a co-employee or a trade union member (but not a solicitor or other legal adviser) to observe the proceedings and take notes, but not actively participate.

 

If you have less than two years’ continuous service and therefore do not have the right to bring an Unfair Dismissal claim in the Tribunal, and it appears that matters are a “foregone conclusion” and your employers have already decided to dismiss you, I recommend that you suggest a voluntary resignation in return for your notice pay or being allowed to work your notice period and for the employer to provide you with a factual and impartial reference to future employers.

 

Nevertheless, this is a matter which requires a bespoke solicitor-client retainer over and above the service that I can offer via Just Answer. I suggest that we have a detailed telephone discussion and can offer a Premium Service Phone Call and then I can pass you my practising details for my main law firm where I can act as your solicitor in this matter.

Expert:  Ed Turner replied 11 days ago.

Do you still need expert assistance in this matter?

 

Please revert to me if you have any further questions and I will be delighted to assist.

 

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

 

Kind regards

 

LawyerEd